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BAVA METZIA 44 - Dedicated by Dr. Douglas Rabin of Clifton N.J. in honor of the second Yahrzeit of his mother, Leah Miriam Bas Yisroel (and Fruma) Rabin.
Beis Shamai holds that if a Shomer merely plans on being Shole'ach Yad he is Chayav for Onsim, while Beis Hillel holds he is only Chayav for Onsim if he is actually Shole'ach Yad.
If a Shomer instructs his servant or his Shali'ach to Shole'ach Yad on his Pikadon he is Chayav for Onsim.
If a Shomer tips a jug and takes a Revi'is of wine and the jug subsequently breaks he is only Chayav for the Revi'is that he took. (1)
If after he tipped the jug the wine turns into vinegar he is Chayav for the entire jug because it his act which caused it to turn into vinegar and it is akin to shooting an arrow. (2)
If the Shomer picks up the jug and takes a Revi'is of wine and the jug subsequently breaks he is Chayav for the entire jug.
Shmuel says if he picked up the jug in order to take a Revi'is even if he did not end up taking the Revi'is he is Chayav for the jug if it subsequently breaks. (3)
It is a Safek to R. Ashi if a Shomer picks up a purse in order to take one Zuz and he did not end up taking it if he is Chayav for Onsim. (4)
A Meshichah on gold coins or copper coins is Koneh silver coins, but a Meshichah on silver coins is not Koneh gold coins. (5)
If someone is buying invalid coins, unstamped coins, or Metaltelin a Meshichah on the coins or the Metaltelin is Koneh the valid coins that is being given for the purchase, but Meshichah on the valid coins is not Koneh the invalid or unstamped coins or the Metaltelin.
If two people are trading Metaltelin when one of them does Meshichah it is a Kinyan and neither one of them may back out.
Although a Kinyan on Kesef is not Koneh Metaltelin if he backs out he is cursed with a Mi She'Para. (6)
R. Shimon says once the seller makes a Kinyan on the money that is given for the purchase only the seller may back out but the buyer may not back out.
In his youth Rebbe held that silver coins are Koneh gold coins because gold is more Chashuv, however in his later years he retracted and he held that gold coins are Koneh gold coins because silver coins is more commonly used as currency.
A person may not lend a Se'ah of grain in return for a Se'ah of grain that will be given at a later date because of the concern that in the interim the price of the Se'ah will increase and it will be Ribis.
However a person may lend a Se'ah of grain for s short time until the son of the borrower returns or until he finds the key to his granary. (7)
A Perutah is one eighth of an Italian Dinar, an Isar is 1/24 of a silver Dinar and a silver Dinar is 1/25 of a gold Dinar.
Beis Shamai says that someone who has Se1a'im of sliver of Ma'aser Sheni he may not exchange them for Dinarim of gold, while Beis Hillel holds that it is permitted. (8)
It is a Machlokes between R. Yochanan and Reish Lakish if Beis Shamai agrees that fruit of Ma'aser Sheni may be redeemed on Dinarim on gold coins. (9)
A BIT MORE
1. A Shomer who is Shole'ach Yad is only Chayav for Onsim if he does Meshichah or Hagbahah; therefore in this case since he didn't make a Kinyan if it broke b'Ones he is only Chayav for the Revi'is, but not for the entire jug.
2. Tipping the jug is regarded as an active damage because a jug that is not completely full is apt to turn into vinegar.
3. He is Chayav even according to the opinion that a Shomer is not Chayav for Shelichus Yad if it is not missing anything because it is regarded as if he took out the Revi'is because he wants the Revi'is to remain in the jug as a Revi'is of wine only stays good if it is in a full jug of wine therefore it is regarded as if he took the Revi'is out of the jug and put it back.
4. Maybe he is not Chayav since he did not end up taking it and it is possible to guard a solitary Zuz, or possibly since a Zuz is guarded better when it is in a purse maybe he left it in the purse so that it will be guarded better and it is as if he took it out and put it back in and he is Chayav for Onsim.
5. When someone purchases Metaltelin a Meshichah on the Metaltelin is Koneh, while Meshichah on the Kesef is not Koneh. Silver coins are regarded as Kesef with relation to gold or copper coins since it is the most commonly used currency and therefore Meshichah on the silver coins is not Koneh the gold or copper coins.
6. He is cursed that Hashem Yisbarach who punished the people of the generations of the Mabul and the Haflagah shall punish a person who doesn't keep his word.
7. Since the borrower already has the grain in his hands and he is just missing the key it is permitted, because the prohibition of lending one Se'ah for another Se'ah is only d'Rabanan and the Rabanan did not prohibit it in a case where he is borrowing the grain only until he finds his key.
8. Beis Shamai holds that gold coins is considered fruit while silver coins is considered currency and currency of Ma'aser Sheni may not be redeemed on fruit, while Beis Hillel holds that silver coins is considered fruit while gold coins is considered currency and therefore the silver coins may be exchanged for the gold coins.
9. According to one opinion even though Beis Shamai holds that gold coins is considered fruit it is only considered fruit in relation to silver coins, however in relation to fruit it is considered currency and therefore gold coins may be used for the redemption of fruit of Ma'aser Sheni, while the other opinion holds that gold coins is considered fruit even in relation to fruit of Ma'aser Sheni and may not be used for the redemption of fruit of Ma'aser Sheni.
TIPPING A JUG
If a Shomer tips a jug and takes a Revi'is of wine and the jug subsequently breaks he is only Chayav for the Revi'is that he took. If after he took a Revi'is the wine turns into vinegar he is Chayav for the entire jug because it his act which caused it to turn into vinegar because it is akin to shooting an arrow at it. Rashi explains that he caused it turn into vinegar because a jug that is not completely full is apt to turn into vinegar. However, the Rambam says in his commentary on Mishnayos that the act of picking up the jug causes it to turn into vinegar as shaking a jug of wine can make it turn into vinegar The Toras Chaim explains that according to the Rambam if he picked it up even if didn't end up taking out a Revi'is if it turned into vinegar he is Chayav.
If someone is Shole'ach Yad on a Pikadon by himself or by way of a Shali'ach he is a Gazlan and he is Chayav for Onsim. The item enters his Reshus and he must pay for it with the Dinim of a Gazlan. (Shulchan Aruch CM 292:5)
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